The Morris Tribunal's sharply critical report of the Garda has claimed its first major casualty following the decision yesterday of Chief Supt Denis Fitzpatrick to retire early, writes Mark Hennessy, Political Correspondent.
The move was announced late last night by the Garda following a meeting yesterday afternoon between the chief supt and the Garda Commissioner, Mr Noel Conroy, in Garda Headquarters in Dublin.
Chief Superintendent Fitzpatrick, who is currently in charge of the Garda's National Traffic Bureau, was, in the findings of the Morris Tribunal, "gravely at fault" for not properly investigating the activities of Superintendent Kevin Lennon, Detective Garda Noel McMahon and Ms Adrienne McGlinchey, who they claimed was an IRA informer.
Furthermore, it said that he and Supt. Lennon behaved in a manner that "amounted to a conspiracy" towards another Donegal-based officer, Supt. John J. Fitzgerald "to undermine his position", while on another occasion the tribunal found that Chief Supt. Fitzpatrick had "abused his position to settle an old score" with Supt. Lennon.
While Mr Justice Frederick Morris ruled that Chief Supt. Fitzpatrick was not involved in corruption, the judge said he should have "followed up" on the activities of the trio. Furthermore, the judge said the Garda Commissioner should decide if any action should be taken against Chief Supt. Fitzpatrick .
Chief Supt. Fitzpatrick, who joined the force in 1972, and who is a graduate of the FBI National Academy in the United States, was superintendent in Letterkenny from 1994 to 2000, when he was transferred to the traffic bureau in headquarters on the orders of the then Garda Commissioner, Mr Pat Byrne.
In its statement last night, the Garda Síochána said: "During the course of this meeting (he) gave notice of his intention to retire from An Garda Síochána. This retirement will take effect from September 1st."
Late last night, a spokesman for the Minister for Justice, Equality and Law Reform, Mr Michael McDowell said the Minister accepted the Chief Superintendent's "honourable decision."
Under Garda regulations chief superintendents must retire at 60.
Meanwhile, the Commissioner has begun proceedings to dismiss Det. Garda McMahon from the force under Regulation 40 of the Garda's disciplinary code, which allows the Commissioner to fire an officer without pension rights if he finds that the officer is "unfit for retention" subject to the approval of the Minister for Justice.
The Tribunal found that both Supt. Lennon and Det. Gd. McMahon had delivered "a tissue of lies" during their evidence to the tribunal about alleged explosives finds in Donegal in 1993 and 1994, which had actually been manufactured by the two men to boost their reputations within the force.
The Cabinet will rule on Supt. Lennon's future in early September, following the Minister for Justice's decision on Thursday to begin dismissal proceedings. Under law, the Cabinet and not the Garda Commissioner decides on the fitness to serve of officers above the rank of superintendent.
The Minister for Justice has already sent Supt. Lennon a copy of the 500-page Tribunal report and has written to him to inviting him to respond to its findings, as is required under the rules of natural justice.
Mr Conroy has already set up a working group, under Deputy Commissioner Mr Peter Fitzgerald, to consider fully the lengthy report, though other disciplinary actions are unlikely to happen until this is completed.